As a landlord in Houston, managing rental properties can be rewarding. Still, it also comes with its fair share of challenges—especially when handling eviction proceedings.
Whether you're dealing with a tenant who isn't paying rent, violating the rental agreement, or causing damage to your property, familiarizing yourself with the legal eviction process is crucial. As a property owner, you must ensure that your property is returned to you promptly and efficiently.
This guide will walk you through the formal eviction process in Houston, from initial notices to court hearings. You will also find the best practices to help you avoid common pitfalls and maintain a successful landlord-tenant relationship.
Understanding Texas Eviction Laws
Texas Prop. Code § 24 governs the eviction process in Texas. It outlines the procedures landlords must follow when evicting tenants. Landlords must comply with Texas law, including providing proper notice and filing an eviction lawsuit.
Under Texas law, tenants have rights and defenses, including the right to contest an eviction and seek a court hearing. However, if the tenant remains stubborn and refuses to accept the county court's final judgment, local law enforcement is responsible for implementing the proper action and removing the tenant’s belongings.
Under forcible entry laws, a landlord or property manager has no right to force their way inside the property to remove the tenant. This can lead to legal trouble for you, expensive fees, and potentially overturn the decision made by the trial court.
The Texas Eviction Process
Know the Legal Grounds for Eviction— When the landlord files for eviction, the following are known to be the common grounds:
- Non-payment of rent: If a tenant fails to pay rent, the landlord has the right to begin eviction.
- Violation of lease terms: If the tenant commits a lease violation, regardless of whether the tenant pays rent on time (such as having unauthorized pets or subletting without permission).
- Illegal activities: Engaging in illegal activities on the property, such as drug use, gambling, or trafficking.
- End of lease term: If the date stated in the written lease has come to term, and the tenant refuses to vacate.
Give a Written Notice— A landlord must serve the tenant with a written notice before initiating formal eviction proceedings. There are different types of notices depending on the reason for eviction:
- Pay or Quit Notice: If the tenant has not paid rent, a landlord must provide a "Pay or Quit" notice, giving the tenant at least 3 days to pay the overdue rent or vacate the property.
- Cure or Quit Notice: If the tenant has violated a lease term (other than non-payment of rent), the landlord must provide a "Cure or Quit" notice, giving the tenant seven days to correct the violation.
- Notice to Vacate: If the tenant’s lease has expired or they are otherwise occupying the property without a legal right, the written notice gives them 3 days to leave.
Filing an Eviction Lawsuit— If the tenant does not comply with the notice, the next step is to file a forcible detainer suit. Property managers can help you find experienced lawyers who are proficient with eviction suits, offer reasonable attorney’s fees, and estimate court costs.
The landlord must complete the required paperwork, including a petition outlining the reason for eviction, pay a filing fee to the county clerk, and attend a court hearing where both the landlord and tenant present their cases to the justice court.
Court Hearing and Judgment— The court will schedule the eviction hearing, typically within 10 to 21 days after the lawsuit is filed. Both parties will present their arguments, and the judge will decide whether the eviction is warranted. If the judge rules in favor of the landlord, they will issue a judgment for possession of the property.
Writ of Possession— If the tenant still refuses to vacate the property despite the eviction notice, the landlord can request a Writ of Possession from the court. This document allows law enforcement to remove the tenant from the property and is typically served within 24-48 hours after the request is made.
Best Practices for Houston Landlords
Screen Tenants Carefully—The best way to avoid evictions is to select reliable and responsible tenants. Use a thorough tenant screening process, including a background check, credit report, history of rental payments, and employer or landlord references.
Communicate Clearly with Tenants—Clear communication with tenants can prevent misunderstandings and disputes. Establish expectations up front in the lease agreement and ensure tenants understand their responsibilities. If issues arise, address them quickly and professionally.
Keep Accurate Records— Document every step of the eviction process, including notices, conversations, payments received, and court proceedings. Having accurate records can protect you in the event of a dispute or legal challenge.
Follow the Law— Always adhere to local, state, and federal laws regarding the eviction process. For example, landlords cannot engage in self-help evictions like changing locks or turning off utilities. Violating these laws can lead to fines or lawsuits.
Seek Legal Advice When Necessary—Evictions can be complicated, especially if they involve legal complexities or tenant defenses. To ensure you’re handling the eviction correctly and lawfully, consult with an attorney who specializes in landlord-tenant law.
Support Groups for Landlords
Landlords can seek additional resources and support from organizations such as the Texas Apartment Association and the National Apartment Association. These organizations provide information and guidance on the eviction process and can help landlords navigate the complexities of Texas law.
Taking All Into Consideration
Understanding the eviction procedures and best practices is essential for landlords to navigate the often complicated eviction process while maintaining legal compliance. By following the detailed steps for proper notice, adhering to Texas law, and treating tenants fairly, you can avoid costly legal disputes and ensure a smoother eviction process.
If you need help with managing your Houston rental property, Residential Leasing and Management is here to help. We offer proactive communication, regular maintenance, and clear lease agreements that can help prevent eviction situations altogether.
We know how frustrating eviction processes are and how difficult it is to deal with problematic tenants. To take these worries off your mind, call us now at Residential Leasing and Management!
Additional Resources
Squatter’s Rights in Houston: A Guide for Landlords to Navigate the Law
The Best Property Management Company in The Woodlands, TX
